CHAPTER 472

An Act to provide a charter for the town of Dendron; and to repeal
Chapter 265 of the Acts of Assembly of 1906, approved March 15,
1906, which provided a charter for the town of Dendron.

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Be it enacted by the General Assembly of Virginia:

ARTICLE I

CREATION

1. § 1-1: INCORPORATION: The inhabitants of the territory com-
prised within the limits of the town of Dendron, as the same are now or
may hereafter be established by law, shall continue to be a body politic and
corporate under the name of the town of Dendron and as such shall have
perpetual succession, may sue and be sued, contract and be contracted
with, and may have a corporate seal which it may alter at its pleasure.

§ 1-2: BOUNDARIES: The boundaries of the town shall be the
boundaries of the town of Dendron, its predecessor as established by
Chapter 265, Acts of Assembly of 1906, approved March 15, 1906.

ARTICLE II
CORPORATE POWERS

§ 2-1: GENERAL POWERS: The town of Dendron shall have
and may exercise all powers which are now or may hereafter be conferred
upon or delegated to cities and towns under the Constitution and Laws
of the Commonwealth, and all other powers pertinent to the conduct of
municipal government, the exercise of which is not prohibited by the
Constitution and laws of the Commonwealth, and which in the opinion
of the council are necessary to promote the general welfare of the inhabi-
tants of the town. The powers set forth in §§ 15.1-837 through 15.1-915
of the Code of Virginia as in force on January one, nineteen hundred
sixty-eight, are hereby conferred on and vested in the town of Dendron.
It is intended that the town shall possess all powers which, under the
Constitution, it would be competent for this charter to enumerate specifi-
cally, and no enumeration of particular powers shall be held to be ex-
clusive, but in addition to this general grant.

The powers which are now or may hereafter be conferred upon or
delegated to the town under the Constitution and laws of the Common-
wealth and this charter shall be construed liberally when such powers
are exercised by the town and in case of doubt as to the existence of a
power such doubt shall be resolved in favor of the town.

§ 2-2: FINANCIAL POWERS: The town of Dendron shall have
the power to raise annually by taxes and assessments in said town such
sums of money as the council thereof shall deem necessary for the pur-
poses of the town, and in such manner as the council may deem expedient
in accordance with the Constitution and general laws of the Common-
wealth and of the United States, and to expend the money of said town
for all lawful purposes.

§ 2-3: SPECIAL ASSESSMENTS: The town of Dendron shall
have the power to impose special or local assessments for local improve-
ments and to enforce the payment thereof, subject to the limitations pre-
scribed by the Constitution and laws of the Commonwealth as may be in
force at the time of the imposition of such special or local assessments.

2-4: BORROWING POWER: The town of Dendron may in-
cur indebtedness by issuing its negotiable bonds and notes for the pur-
poses and in the manner provided in the Constitution and general laws
of the Commonwealth. No bonds shall be issued by the town except by
ordinance adopted by a majority of all members of the council and ap-
proved by the affirmative vote of a majority of the voters of the town
voting in the election.

§ 2-5: EMINENT DOMAIN: The town of Dendron is hereby
empowered to acquire by condemnation or otherwise, property, real or
personal, or any interest or estate therein, either within or without its
corporate limits, for any of its proper purposes, and may sell, lease, man-
age, and control such property as its interests require, and in such man-
ner as council deems expedient.

§ 2-6: ORDINANCES: The town of Dendron shall have the power
to enact and enforce ordinances to carry into effect all powers granted by

rter.
ARTICLE III
THE COUNCIL

§ 8-1: COMPOSITION: The town of Dendron shall be governed
by a town council which shall be composed of six members who shall be
qualified voters of the town.

§ 3-2: ELECTION: The members of the council in office at the
effective date of this charter are hereby continued in office for the terms
for which they were elected. On the second Tuesday in June, 1968, there
shall be elected six councilmen from the town at large, to be held at such
place in said town as may be designated by the council of the town; and
biennially thereafter there shall be held an election of a mayor and six
councilmen of the said town on the second Tuesday in June at such place
and under such rules and regulations and subject to such provisions as the
council may prescribe.

The term of office of the mayor and councilmen to be elected as pro-
vided in the preceding section of this act shall be for two years from the
first day of September next succeeding their election, and until their suc-
cessors have been duly elected and qualified.

§ 8-8: TERM: All councilmen shall take office on the first day of
September next following their election.

§ 3-4: COMPENSATION: The council may by ordinance author-
ize the payment of an annual salary to councilmen, subject to such limita-
tions as may be imposed by the general laws of the Commonwealth.

§ 38-5: VACANCIES: Vacancies on the council shall be filled for
the unexpired portion of the term by a majority vote of the remaining
members of the council.

§ 3-6: POWERS: All powers of the town of Dendron as a body
politic and corporate shall be vested in the town council.

§ 8-7: VICE MAYOR: The council shall at its first meeting in
September, 1968, and every second year thereafter, elect from its mem-
bership a vice mayor, who shall serve as mayor whenever the mayor is ill,
absent or otherwise unable to discharge the duties of his office.

§ 3-8: TOWN ATTORNEY: The council may appoint a town
attorney whose term of appointment, duties, and compensation shall be
prescribed by the council.

§ 3-9: CLERK: The council shall appoint a clerk whose term of
appointment, duties, and compensation shall be prescribed by the council.

~ § 8-10: SERGEANT: The council shall appoint a sergeant whose
term ot appointment, duties, and compensation shall be prescribed by the
counci

§ 3-11: TREASURER: The council shall appoint a treasurer
whose term of appointment, duties, and compensation shall be prescribed

by the council.
ARTICLE IV
PROCEDURES

§ 4-1: REGULAR MEETINGS: The council shall meet in regular
session at least once each month.

§ 42: SPECIAL MEETINGS: The council shall provide for the
calling of special meetings by the mayor or vice mayor, or any four mem-
bers of the council, and shall prescribe the method of giving notice thereof,
provided such notice shall contain a statement of the specific item or
items of business to be transacted, and no other business shall be trans-
acted at such meetings except by the unanimous consent of all the mem-
bers of council; provided, however, that a special meeting may be held at
any time without notice if all members of the council attend said meeting
or waive notice thereof.

§ 4-8: QUORUM: A majority of the members of the council shall
constitute a quorum for the transaction of business.

§ 4-4: OPEN MEETINGS: No ordinance, resolution, motion or
vote shall be adopted by the council except at a meeting open to the public
and unless it shall have received the affirmative votes of the majority of
the members present.

§ 4-5: VOTING: No vote shall be reconsidered or rescinded at any
special meeting unless at such special meeting there are present as large
a number of members as were present when such vote was taken.

§ 4-6: CONFLICT OF INTEREST: No member of the council
shall participate in the vote on any ordinance, resolution, motion, or other
proceeding in which he, or any person, firm, or corporation for which he
is attorney, officer, director, employee, or agent has a financial interest
other than as a minority stockholder of a corporation or as a citizen of

the town.
ARTICLE V
THE MAYOR

§ 5-1: ELECTION AND TERM: On the second Tuesday in June,
1968, and every two years thereafter, there shall be elected from the town
at large a mayor, who shall be a qualified voter of the town and who shall
serve for a term of two years.

§ 5-2: DUTIES: The mayor shall preside over the meetings of
the council and shall have the same right to speak therein as councilmen,
however, he shall not have the right to vote except in the case of a tie,
in which event he shall be entitled to cast one vote. He shall be recognized
as the head of the town government for all ceremonial purposes, the

urposes of military law and the service of civil process. He shall have
jurisdiction to try all violations of town ordinances, and inflict such pun-
ishment and impose such fines as may be prescribed for a violation of the
same. The mayor shall, by virtue of his office, possess all the jurisdiction
and exercise all the power and authority of a justice of the peace in civil
and criminal cases arising in said town, or within one mile of the cor-
porate limits thereof.

§ 5-8: COMPENSATION: The council may by ordinance author-.
ize the payment of an annual salary to the mayor, subject to such limita-
tions as may be imposed by the general laws of the Commonwealth. |

ARTICLE VI
FINANCIAL ADMINISTRATION

§ 7-1: FISCAL YEAR: The fiscal year for the town of Dendron
shall begin on September 1 and end on August 30 of the following year.

§ 7-2: BUDGET: There shall be prepared and submitted to the
council a budget presenting a financial plan for conducting the affairs of
the town for the ensuing fiscal year. Such budget shall be set up in the
manner provided by law and shall include such information as the council
by ordinance or resolution may require. Hearings on the budget shall be
held and notice thereof given and the budget adopted in accordance with
the general laws of the Commonwealth, provided that the tax levy for each
fiscal year shall be made, and the budget for each fiscal year shall be
adopted prior to the first day of the fiscal year for which made or adopted.

ARTICLE VII

POST AUDIT
§ 8-1: ANNUAL AUDIT: After the close of each fiscal year, the coun-
cil shall cause to be made an independent audit of the accounts, books,
records and financial transactions of the town by an independent account-
ant to be selected by the council. The report of such audit shall be filed
within such time as the council shall specify and one copy thereof shall
be always available for public inspection.

ARTICLE VIII

CONTINUATION AND REPEAL PROVISIONS

§ 9-1: REPEAL OF FORMER CHARTER: All former charters
and amendments thereto for the town of Dendron, Virginia, are hereby
repealed.

§ 9-2: SUCCESSION TO RIGHTS AND DUTIES: The town of
Dendron shall succeed to all the rights, duties, obligations, and contracts
of the former town of Dendron, Virginia. ;

' § 9-8: ORDINANCES SHALL REMAIN IN FORCE: All ordi-
nances of the former town of Dendron not inconsistent with this charter
shall remain in full force and effect until amended or repealed by the
town council.

§ 9-4: CONTINUITY OF TERMS OF OFFICERS: The officers
of the town of Dendron who were in office immediately prior to the adop-
tion of this charter shall remain in office until the expiration of their
pik and until] their successors have been duly elected and
qualified.

§ 9-5: SAVING CLAUSE: In the event that any portion, section,
or provision of this charter shall be declared illegal, invalid, or unconsti-
tutional by final judgment of any court of competent jurisdiction such
judgment shall not invalidate any other portion, section, or provision
hereof, but all parts of this charter not expressly held to be invalid shall
remain in full force and effect.

2. Chapter 265, Acts of Assembly of 1906, approved March 15, 1906, and
all amendments thereof, are hereby repealed.
8. An emergency exists and this act is in force from its passage.